Bill > HB129

This bill amends Delaware law to provide children more options for appealing court decisions regarding criminal case transfers between Family Court and Superior Court. Currently, children have limited ability to challenge transfer decisions until their entire criminal case is concluded. The bill creates a new appeals process that allows a child to directly appeal a transfer decision to the Delaware Supreme Court within 30 days of sentencing after entering a guilty or no contest plea. Specifically, the bill permits appeals in two scenarios: first, when the Family Court finds a child is not amenable to rehabilitation and transfers the case to Superior Court, and second, when the Superior Court denies an application to transfer a case back to Family Court. Importantly, the bill prohibits any plea agreement from requiring the child to waive their right to such an appeal. The legislation also clarifies that if the Supreme Court reverses a lower court's transfer order, the original court will no longer retain jurisdiction over the case. This change aims to provide more procedural protections for juveniles navigating the criminal justice system by giving them a more immediate opportunity to challenge transfer decisions that significantly impact their legal proceedings.

Justice

https://legis.delaware.gov/BillDetail?LegislationId=142161